Minutes of the Operational Performance Committee – October 2024

Minutes of meeting held on 30 October 2024 by Microsoft Teams

Present:

• Stephen McGowan, Deputy Crown Agent – Litigation (Chair) (DCA)
• Andy Shanks, Deputy Procurator Fiscal, Specialist Casework (AS)
• Andrew Richardson, Procurator Fiscal, High Court (AR)
• Gavin Anderson, Head of Business Management Local Court (GA)
• Andrew Laing, Deputy Head of Local Court (AL)
• Lana Thomas, PA DCA – Serious Casework (Secretariat) (LT)

Absent:

• Laura Buchan, Procurator Fiscal, Policy and Engagement (LB)
• Fiona Roberts, Head of Management Information Unit (FR)

The DCA welcomed everyone to the meeting, apologies noted for the above.

The minutes of last meeting were agreed and can be published.

No outstanding actions open.

High Court

Paper noted, AR emphasised a couple of points. Parliamentary vote on provisions which would keep TB extension for another year may be postponed for a week.

Working on contingency plan. AL noted that he is also working on contingency planning for Sheriff and Jury and LC will link in with HC to ensure that there is consistency.

Indictments and disposals are both up from where they were a year ago.

Local Court

Paper noted, AL raised a few points-

Main issues just now are response to Prison Population crisis per LA statement to Parliament and Covid TB contingency planning.

NICP in good place, regularly marking all of. its cases within 4 weeks. 10 week target – 94%.
Performance expected to dip slightly as several Lawyers move to other priority roles elsewhere.

Summary- JP in good shape, still of the view that its recovered back to and below business levels seen pre pandemic.

SH Summary-. SCM working with greater resolution and less churn at TD although still to see break through at Glasgow. Nevertheless real improvements are being seen. Elsewhere there is a general reduction in o/s trials.

Work to begin on looking at court loadings.
35-hour week being monitored for any potential impact.

Specialist Casework

Paper noted, AS highlighted a couple of points-
KPI death performance 6 week target -97%. 12-week target for investigative deaths -72% which is the highest it has been since pre covid. These figures are excellent.

Significant high rate of prosecutions in HSIU, - as at 21.10.2024- 31 convictions have been obtained (since 16 April 2024)- up 21 since last return in June 2024 This compares with 32 convictions for the full financial year 1 April 2023 to 31 March 2024. HSIU modernisation plays a part in this allowing more cases to be raised in quicker time.

AS reflected on Risk and noted there is an increased level of operational risk across Specialist with a reduction in legal staff and a number of vacancies across all teams. Vacancies are a combination of promotions, resignations, transfers, which there is no backfill for.

Risk will be regularly reviewed with the units doing everything they can to mitigate the risks.
Legacy deaths-any deaths from the year 2020 and before, are the priority for LOs.

Policy & Engagement

In LBs absence, paper noted, LB highlighted a couple of points via email:

• Thanks for contribution to work on extending the coronavirus time bars. Significant input over the last few months from Local Court and High Court.
• Publication of prison population guidance. Thank you for the quick consideration and implementation by teams. After being advised that the prisons were at reaching the point of capacity the Lord Advocate determined that there were some measures that should be taken by prosecutors to mitigate the pressure on prison population. These are temporary measures and are designed to alleviate pressure whilst other steps are taken by SG. In the Lord Advocate’s ministerial statement she stressed there was no change to our approach to cases of sexual offences and domestic abuse. She also stated that she was “satisfied that prosecutors have been approaching the issue of whether to oppose bail on a consistent basis, in accordance with the law, and in the public interest.”

• 2024 08 29 Minute to OPC - Incorrect Application of section 5 DASA Aggravations The group discussed and were content subject to confirmation that the IT fix mentioned is working.
• Amendment of Assault Case Marking Instructions- Discussed – threshold for HC still to be determined- Content with minute but concerned to hear what levels of guidance will be on forum. LT To ask Policy to confirm then the group will review and sign off by way of correspondence.
• SPA Accreditation- discussed, and content, subject to amendment of wording suggested by Alin correspondence.

• UNCRC compliance- group suggested that the working group should come up with proposal of how they will monitor this, then OPC will consider.
• Recovery report for EB- Stephen thanked everyone for their contributions, he will pull it all into a recovery report and circulate to the group prior to sending onto Exec Board.

AR raised a forthcoming minute for OPC consideration re the Scottish Child Abuse Enquiry. To be circulated to group for review.

Date of Next Meeting: 28 November 2024